,i #aaith ,,congress #b;d ,session ,h4 ,r4 #hfih ,,in ,,the ,,house ,,of ,,representatives ,may #g1 #bjbf,ms4 ,mc,donald ,rivet 7for herself and ,ms4 ,schrier7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,education and ,workforce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to protect consumers from gasoline and fuel price gouging1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,lower ,prices at the ,pump ,act4 #b4 ,prohibition on excessive pricing of gasoline and fuels due to conflict with ,iran 7a7 ,prohibition ,no person may sell or offer for sale at wholesale or at retail1 and during a period of time defined under subsection 7b71 gasoline or any other petroleum distillate at a price that-- 7#a7 is unconscionably excessive2 and 7#b7 indicates such person is taking unfair advantage of the circumstances related to such period described under subsection 7b7 to increase prices unreasonably4 7b7 ,period of time ,the period of time described in this subsection begins on the date of the enactment of this ,act and ends on the date on which the ,president1 in consultation with the ,speaker of the ,house of ,representatives1 the ,majority ,leader of the ,senate1 the ,minority ,leader of the ,house of ,representatives1 and the ,minority ,leader of the ,senate-- 7#a7 declares that military operations against ,iran which began in ,march #bjbf have ceased indefinitely2 and 7#b7 determines and certifies to ,congress that the ,strait of ,hormuz is fully open and global shipping through the ,strait has resumed4 7c7 ,factors considered ,in determining whether a person has violated subsection 7a71 the following factors shall be considered3 7#a7 ,whether the price charged by such person for the gasoline or other petroleum distillate at a particular location in the ,united ,states meets any of the following characteristics3 7,a7 ,grossly exceeds the average price at which such gasoline or other petroleum distillate was offered for sale by the person during the #cj-;day period prior to ,february #bh1 #bjbf4 7,b7 ,grossly exceeds the price at which the same or similar gasoline or other petroleum distillate was readily obtainable in such location from competing sellers during such period4 7,c7 ,reasonably reflects-- 7i7 additional costs not within the control of the person that were paid1 incurred1 or reasonably anticipated by the person2 or 7ii7 additional risks taken by the person to produce1 distribute1 obtain1 or sell the relevant gasoline or other petroleum distillate under the circumstances4 7,d7 ,is substantially attributable to local1 regional1 national1 or international market conditions4 7#b7 ,whether the quantity of gasoline or other petroleum distillate the person produced1 distributed1 or sold at a particular location in the ,united ,states increased over the quantity that the person produced1 distributed1 or sold during the #cj-;day period prior to ,february #bh1 #bjbf1 in such location4 #c4 ,enforcement 7a7 ,enforcement by ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of section #b7;a7 shall be treated as a violation of a regulation under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b77 regarding unfair or deceptive acts or practices4 7#b7 ,powers of ,commission ,the ,commission shall enforce section #b7;a7 in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act1 and any person who violates such section shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act4 7b7 ,actions by ,states 7#a7 ,in general ,in any case in which the attorney general of a ,state government1 or an official or agency of a ,state1 has reason to believe that an interest of the residents of such ,state has been or is threatened or adversely affected by an act or practice in violation of section #b7;a71 the ,state1 as parens patriae1 may bring a civil action on behalf of the residents of the ,state in an appropriate district court of the ,united ,states to-- 7,a7 enjoin such act or practice2 7,b7 enforce compliance with such section2 7,c7 obtain damages1 restitution1 or other compensation on behalf of residents of the ,state2 or 7,d7 obtain such other legal and equitable relief as the court may consider to be appropriate4 7#b7 ,notice ,before filing an action under this subsection1 the attorney general1 official1 or agency of the ,state involved shall provide to the ,commission a written notice of such action and a copy of the complaint for such action4 ,if the attorney general1 official1 or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action1 the attorney general1 official1 or agency shall provide written notice of the action and a copy of the complaint to the ,commission immediately upon the filing of the action4 7#c7 ,authority of ,commission 7,a7 ,in general ,on receiving notice under paragraph 7#b7 of an action under this subsection1 the ,commission shall have the right-- 7i7 to intervene in the action2 7ii7 upon so intervening1 to be heard on all matters arising therein2 and 7iii7 to file petitions for appeal4 7,b7 ,limitation on ,state action while ,federal action is pending ,if the ,commission or the ,attorney ,general of the ,united ,states has instituted a civil action for violation of section #b7;a7 7referred to in this subparagraph as the ,federal action71 no ,state attorney general1 official1 or agency may bring an action under this subsection during the pendency of the ,federal action against any defendant named in the complaint in the ,federal action for any violation of such section alleged in such complaint4 7#d7 ,rule of construction ,for purposes of bringing a civil action under this subsection1 nothing in this ,act shall be construed to prevent an attorney general1 official1 or agency of a ,state from exercising the powers conferred on the attorney general1 official1 or agency by the laws of such ,state to conduct investigations1 administer oaths and affirmations1 or compel the attendance of witnesses or the production of documentary and other evidence4 7c7 ,criminal penalties 7#a7 ,in general ,in addition to any other penalty applicable under this section1 any person who violates section #b shall be fined under title #ah1 ,united ,states ,code1 in an amount not to exceed #ejj1jjj1jjj4 7#b7 ,enforcement ,the criminal penalty provided by paragraph 7#a7 may be imposed only pursuant to a criminal action brought by the ,attorney ,general or other officer of the ,department of ,justice4 ,the ,attorney ,general shall give priority to enforcement actions concerning companies with total ,united ,states wholesale or retail sales of gasoline and other petroleum distillates in excess of #aj1jjj1jjj1jjj per year4 7d7 ,deposit of funds ,amounts collected in any penalty under this section shall be deposited in a separate fund in the ,treasury to be known as the ,consumer ,relief ,trust ,fund4 7e7 ,use of funds ,the amounts deposited into the fund described in subsection 7d7 shall be used to provide assistance under the ,low ,income ,home ,energy ,assistance ,program described in section #bfjb of the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfba7 administered by the ,secretary of ,health and ,human ,services and the ,weatherization ,assistance ,program established under part ,a of title ,,iv of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfa et seq47 administered by the ,secretary of ,energy4 #d4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,retail ,the term retail1 with respect to the sale of gasoline or any other petroleum distillate1 includes-- 7,a7 any sale to an end user1 such as a motorist2 and 7,b7 any direct sale to another end user1 such as agriculture1 industry1 residential1 and commercial consumers4 7#c7 ,wholesale ,the term wholesale1 with respect to the sale of gasoline or any other petroleum distillate1 means-- 7,a7 truckload or smaller sales of gasoline or other petroleum distillates for which title transfers at a product terminal or a refinery2 and 7,b7 dealer tank wagon sales of gasoline or other petroleum distillates priced on a delivered basis to retail outlets4 #e4 ,effect on other laws 7a7 ,other authority of ,commission ,nothing in this ,act may be construed to limit or affect in any way the authority of the ,commission to bring an enforcement action or take any other measure under the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 or any other provision of law4 7b7 ,state law ,nothing in this ,act may be construed to preempt any ,state law4